OPT STEM Denied / Out of Status / Re-entering on New I 20 from different school
Hi,
My brother's OPT STEM extension was denied because the employer had postmarked it by the due date instead of having it received there. We received the letter last week and have 33 days to file a motion.
However, since the rule (as I now know) is that the application has to be received by the due date vs postmarked, the chances of the motion getting approved are slim.
I consulted a lawyer and he said that we should file both a motion and also appeal for re-instatement since my brother has not been out of status more than 5 months. His OPT STEM denial came Oct 14 and his original OPT expired June 17. He said both of these are better options than my brother leaving the country and coming in with a brand new I 20 from a different school for his masters. However from my research, it seems both of the latter are very hard to actually win.
Based on the scenario, what do you see as the best option? It seems the safest would be to leave the country and re-enter since he already has a valid visa until June 2009. But the lawyer seemed to imply that would be very risky cuz the immigration officer could ask him a ton of questions about his status - I would think it would be very straight forward.
I would appreciate any thoughts on this matter.
Hi,
My brother's OPT STEM extension was denied because the employer had postmarked it by the due date instead of having it received there. We received the letter last week and have 33 days to file a motion.
However, since the rule (as I now know) is that the application has to be received by the due date vs postmarked, the chances of the motion getting approved are slim.
I consulted a lawyer and he said that we should file both a motion and also appeal for re-instatement since my brother has not been out of status more than 5 months. His OPT STEM denial came Oct 14 and his original OPT expired June 17. He said both of these are better options than my brother leaving the country and coming in with a brand new I 20 from a different school for his masters. However from my research, it seems both of the latter are very hard to actually win.
Based on the scenario, what do you see as the best option? It seems the safest would be to leave the country and re-enter since he already has a valid visa until June 2009. But the lawyer seemed to imply that would be very risky cuz the immigration officer could ask him a ton of questions about his status - I would think it would be very straight forward.
I would appreciate any thoughts on this matter.
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